Chronic Substance Abuser
(Iowa Code Chapter 125)
Iowa Code sections 125.75 to 125.94 (2009) establish a procedure for the involuntary commitment or treatment of chronic abusers.
Under our statutory scheme, the county attorney or an interested person may commence proceedings for the involuntary commitment or treatment of a chronic substance abuser by filing an application. Iowa Code § 125.75 (2009). If the applicant is not the county attorney, and the applicant is financially unable to employ an attorney, the applicant may apply for the appointment of counsel. Iowa Code § 125.76 (2009). If the respondent (the subject of the application) does not have an attorney, and cannot afford one, or is incapable of assisting in the selection of one, the court shall either allow the respondent to choose an attorney or assign one. Iowa Code § 125.78(1) (2009).
A magistrate or judge reviews the application for commitment. If the judge finds probable cause to believe the respondent is a chronic substance abuser and is likely to injure himself/herself or others if allowed to remain at liberty, the judge can order immediate detention as the least restrictive alternative of custody pursuant to Iowa Code Section 125.81 (1)(2009) until the commitment hearing. Section 125.82 (2009) provides the procedures for the commitment hearing:
1. At a commitment hearing, evidence in support of the contentions made in the application shall be presented by the applicant, or by an attorney for the applicant, or by the county attorney if the county attorney is the applicant. During the hearing the applicant and the respondent shall be afforded an opportunity to testify and to present and cross-examine witnesses, and the court may receive the testimony of other interested persons…
4. The respondent’s welfare is paramount, and the hearing shall be tried as a civil matter and conducted in as informal a manner as is consistent, with orderly procedure. Discovery as permitted under the Iowa rules of civil procedure is available to the respondent. The court shall receive all relevant and material evidence, but the court is not bound by the rules of evidence. A presumption in favor of the respondent exists, and the burden of evidence and support of the contentions made in the application shall be upon the person who filed the application. If upon completion of the hearing the court finds that the contention that the respondent is a chronic substance abuser has not been sustained by clear and convincing evidence, the court shall deny the application and terminate the proceeding. Iowa Code § 125.82 (2009). In the Interest of R.P., Alleged to be Seriously Mentally Impaired and a Chronic Substance Abuser, 15/99-31 (Iowa 2000).
If the court finds the contention that the respondent is a chronic substance abuser has been sustained by clear and convincing evidence, the court shall order the respondent placed at a facility or under care of a suitable facility on an outpatient basis as expeditiously as possible for a complete evaluation and appropriate treatment. Iowa Code section 125.83 (2009).
If the respondent is already subject to another commitment order, the court can order the respondent back to inpatient or outpatient treatment pursuant to Iowa Code section 125.86(2) (2009).
The statute does not require that the applicant have legal representation. In the Interest of R.P, supra.
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